The State will dispute criticisms by a wheelchair-bound prisoner of the conditions under which he is held in Mountjoy Prison, the High Court was told yesterday.
Mr Feichin McDonagh, counsel for the Mountjoy Governor, Mr John Lonergan, said it would be the State's case that the conditions under which David Nicholls is held are "entirely satisfactory".
Nicholls (30), with an address at Beech Grove, Booterstown, Co Dublin, is seeking his release from custody on the basis that his detention is unlawful and contrary to Article 40 of the Constitution.
The case came before the High Court yesterday but was adjourned for mention to Friday.
Nicholls, a former drug addict, is currently serving a jail sentence, the length of which is disputed. Last week, the court was told there appeared to be confusion whether he was to serve eight or 20 months.
Nicholls became wheelchair-bound when knocked off his motorcycle by a car in 1985 when aged 18. Later he received sizeable compensation but his heroin addiction led to the "entirety to the balance" of his funds being spent, now leaving him on a disability allowance of £60 a week, the court was told.
Nicholls, who has to wear a urinary bag, claims he has no access to shower facilities. He claims to have been told that dressings he requires for two pressure sores are not available in prison.
He also claims he is unable to exercise, has been refused appropriate medical treatment, has no suitable mattress and is unable to leave the building for fresh air.
Yesterday, Mr McDonagh applied for an adjournment of the case in order to file a responding affidavit. It would be the State's case that the prisoner had refused to take advantage of the conditions in Mountjoy, which were entirely satisfactory, counsel said. Mr Justice McCracken said he would put the case back until Friday, although not with a view to it going ahead on that day.
Mr Aindrias O Caoimh SC, for Nicholls, said he and his solicitor might like to go to Mountjoy to visit that part of the prison where their client was being held. Mr McDonagh said he was sure there would be no difficulty about arranging such a visit.
Mr Justice McCracken said he was sure such a visit could be achieved without a court order.